The People v. Denslow.-Manly v. Herrick.--&c.

THE PEOPLE against DENSLOW.

HUDSON turnpike case. A gate at the distance of 8 chains 15 links from a certain house, construed to satisfy the act which required it should be near the house.

MANLY against HERRICK.

A plaintiff before a justice, delivering a precept to a constable to be executed merely, is not thereby a trespasser by construction.

2d. That, however, not being the point raised and presented for decision at the trial; but another point was there raised and rightly decided, a new trial is granted on condition of the payment of costs.

BILLINGS ads. JACKSON ex dem. SCOTT and others.

AN attachment for costs in a civil remedy, and in the nature of an exception.

MONTEIRS ads. ARJO.

AN application to remove a cause to the circuit court of the United States is in time at the first term after bail is entered.

Deffendorf ads. Staring.-In the matter of G. Cascaden.-&c.

DEFFENDORF ads. JACKSON ex dem. STARING.

A map referred to in a deed admitted to explain and determine the interest of the grantor to convey an entire lot.

In the matter of G. CASCADEN.

A prisoner is entitled to the benefit of the £1000 act, if the sum for which he is in execution (exclusive of interest,) does not exceed that amount.

In the matter of DOLE, late Sheriff, &c.

MOTION for a rule to show cause why an information should not be filed against him, denied.

COLE and SPALDING ads. STAFFORD.

BAIL relieved, the principal being discharged under the insolvent act, although it was proved that his inventory was not stamped. The discharge was deemed conclusive also, on that point.

In the matter of Freer-Way v. Cary.-&c.

In the matter of FREER, Printer of the ULSTER Gazette.

RULE to show cause why an attachment should not issue, granted on the ground of a publication contemptuous of the chief justice, who tried Croswell, and tending to prepossess the public mind, on a question pending in that case.

WAY against CARY, Administrator.

NOTWITHSTANDING the additional section in the revised act, the rule is, that a justice has no jurisdiction where an executor or administrator is a party.

CROCKER ads. BENAUDet.

1st. Trespass laid in the torwn of Saratoga.

The locus

in quo at the time of the trespass was in that town but since and before the suit brought was set off toanother town; held, to be well laid.

2d. The acknowledgment of the defendant that he held under the plaintiff made to an agent, is enough, without pro ducing a power of attorney to show the agency.

3d. The agent is a competent witness, although he had agreed in behalf of his principal to refund money received in satisfaction from other trespassers in the like situation with the defendant, on condition this suit should fail.

Elwyan v. Drako.-Nielson Kimberly.—Robinson v. N. Y. Ins. Co.

ELWYN, WITTAKER and WITTAKER ads. DRAKE.

ON a note signed "John Elwyn & Co." a co-partnership was proved, but not that they acted under the firm of Elwyn & Co. It being signed by one of the partners; held, it was prima facie good evidence of such a firm existing, and it lay on the defendants to prove it to be different. It must without other proof also be intended to be given on the partnership account.

NIELSON and BUNKER ads. BROWN and KIMBERLY.

A certificate to stay proceedings was discharged on the ground of there not being probable cause.

NOVEMBER TERM, 1803.

ROBINSON against NEW YORK INS. Co.

was

NEW trial awarded, (the court being equally divided,) for the purpose of a special verdict. Kent and Radcliff for the plaintiff, Lewis and Thompson for defendant. Livingston gave no opinion, having been counsel. The case on a policy upon commissions, and the question was whether they were lost or whether the plaintiff would recover from the owners of the cargo, which depended on a special agreement shown to the defendant at the time of subscribing the policy.

N. B. This case has been since decided for the plaintiff.

Hitchcock v. Aiken-Given v. Driggs.-&c.

HITCHCOCK and FITCH ads. AIKEN.

THE judgment of the court of a neighbouring state is not conclusive but prima facie evidence only.

GIVEN against DRIGGS.

1st. A bond given to a sheriff to indemnify him against a past escape is valid.

2d. On an indemnity of this kind it was not necessary that a defence should be made to a suit where it appears that none could legally be made.

BEEDLE ads. HOPKINS.

Two counts were bad and the third good, and the verdict general; the judgment must be arrested, but the plaintiff has leave to discontinue on the bad counts, and take a venire de novo on the good counts.

TUPPER ads. NASH.

On a contract made in Connecticut and sued here, our own statute of limitations must govern.